344 BALCH— THE AMERICAN-BRITISH [April 22, 



torial waters of Nova Scotia, for example in the case of the Marion 

 Grimes. 



As a result of the views expressed by Secretary Root in his 

 letter of October 19, 1905, the Newfoundland government repealed 

 the act to which he objected and enacted on May 10, 1906, a second 

 act relating to fishing in her territorial waters by foreigners.^*' The 

 new act was drawn so as to avoid for American fishing vessels the 

 two special provisions against which Secretary Root had complained, 

 but at the same time new provisions that were added gave the power 

 to obstruct and harass American vessels in their fishing ventures 

 should it become advisable. 



To the views of the British government as expressed in its memo- 

 randum of February 2, 1906, Secretary Root replied in an elaborate 

 and able letter on June 30, 1906, addressed to the American Am- 

 bassador at London, Mr. Reid, by whom it was communicated to 

 Sir Edward Grey."'' Secretary Root protested in this letter against 

 the possible inferences suggested in the memorandum that the New- 

 foundland government has the right to recjuire of any American 

 captain entering the treaty waters or any port of the colony to fur- 

 nish evidence that all the members of his crew are inhabitants of 

 the United States, and the Secretary of State denied the assertion 

 that the colony of Newfoundland has the right irrespective of any 

 agreement on the subject, between the parties to the Treaty of 18 18, 

 America and Great Britain, to interfere through local legislation 

 with the American fishing vessels in the exercise of their fishery 

 rights under the Treaty of 1818. 



In previous correspondence regarding the construction of the Treaty of 

 1818, the government of Great Britain has asserted, and the memorandum 

 under consideration perhaps implies, a claim of right to regulate the action 

 of American fishermen in the treaty waters, upon the ground that those waters 

 are within the territorial jurisdiction of the colony of Newfoundland. This 

 government is constrained to repeat emphatically its dissent from any such 

 view. The Treaty of 1818 either declared or granted a perpetual right to the 

 inhabitants of the United States which is beyond the sovereign power of 

 England to destroy or change. It is conceded that this right is, and forever 



°^ " Supplement to the American Journal of International Law," January, 

 1907, p. 24. 



°' " Supplement to the American Journal of International Law," October, 

 1907. P- 364- 



